Amended in Senate March 7, 2016

Senate Bill No. 945

Introduced by Senator Monning

February 3, 2016

An act to add Chapter 11 (commencing with Section 122380) to Part 6 of Division 105 of the Health and Safety Code, relating to pet boarding facilities.

LEGISLATIVE COUNSEL’S DIGEST

SB 945, as amended, Monning. Pet boarding facilities.

Existing law regulates the care and maintenance of animals in the care of a pet store.

This bill would establish procedures for the care and maintenance of pets boarded at a pet boarding facility, including, but not limited to, size of enclosures, sanitation, provision of enrichment devices, health of the pet, and safety. The bill would make a violation of these provisions an infraction punishable by a fine not to exceed $250 for the first violation and not to exceed $1,000 for each subsequent violation. Because it would create a new crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Chapter 11 (commencing with Section 122380)
is added to Part 6 of Division 105 of the Health and Safety Code,
to read:

 

Chapter  11. Pet Boarding Facilities

 

122380.  

As used in this chapter, the following definitions apply:

begin delete

(a) “Adequate space” means sufficient height and sufficient
floor space for a pet to stand up, sit down, turn about freely using
normal body movements without the head touching the top of the
primary enclosure, lie down with limbs outstretched, exercise
normal postural movement, move about freely as appropriate for
the species, age, size, and condition of the pet, and, when
appropriate, to experience socialization with other pets, if any, in
the primary enclosure. However, when freedom of movement
would endanger the pet, temporarily and appropriately restricting
movement of the pet in a humane manner is permitted.

(b) “Enrichment” means providing objects or activities,
appropriate to the needs of the species, as well as the age, size,
and condition of the pet that stimulate the pet and promote the
pet’s well-being.

(c) “Impervious to moisture” means a surface that prevents the
absorption of fluids and that can be thoroughly and repeatedly
sanitized, will not retain odors, and from which fluids bead up and
run off or can be removed without being absorbed into the surface
material.

(d) “Intact” means a pet that retains its sexual organs or ability
to procreate and has not been sterilized.

(e)

end delete

begin insert (a) end insert  “Person” means an individual, partnership, firm, limited
liability company, joint-stock company, corporation, association,
trust, estate, or other legal entity.

begin delete

(f)

end delete

begin insert (b) end insert  “Pet” means any nonhuman animal housed in the pet
boarding facility, including, but not limited to, mammals, birds,
reptiles, amphibians, and fish.

begin delete

(g)

end delete

begin insert (c) end insert  “Pet boarding facility” means any lot, building, structure,
enclosure, or premises whereupon begin delete four end delete begin insert two end insert or more dogs, cats, or
other pets in any combination are boarded for begin delete profit. end delete begin insert compensation. end insert

begin delete

(h)

end delete

begin insert (d) end insert  “Pet boarding facility operator” or “operator” means a person
who begin delete owns, end delete begin insert owns or end insert operates, or both, a pet boarding facility.

begin delete

(i) “Primary enclosure” means a structure used to immediately
restrict a pet or pets to a limited amount of space, such as a room,
pen, cage, aquarium, terrarium, habitat compartment, or hutch,
where the pet or pets reside while they are being boarded.

(j) “Sanitize” means to make physically clean and to destroy,
to the extent practical, agents injurious to health.

(k) “Temporary enclosure” means a confined space used by the
pet boarding facility to house a pet when the pet is not in its
primary enclosure for a period not to exceed four consecutive
hours. The temporary enclosure shall allow the pet to stand up, lie
down, and turn around. An enclosure used by the pet boarding
facility to house an animal for longer than four consecutive hours
shall meet the requirements of a primary enclosure.

(l) “Veterinary treatment” means treatment by, or at the direction
of, a California-licensed veterinarian.

end delete begin insert

(e) “Primary enclosure” means a structure, including, but not
limited to, an exercise run, kennel, or room, used to restrict a pet,
that provides for the effective separation of a pet from the pet’s
waste products, such as by providing the pet with access to a
separate indoor room or outside area. A primary enclosure shall
enable the pet to turn about freely, stand easily, and sit or lie in a
comfortable position.

end insert begin insert

(f) (1) “Temporary enclosure” means a structure used to
restrict a pet, including, but not limited to, a crate or cage that
does not provide for the effective separation of a pet from the pet’s
waste products.

end insert begin insert

(2) A pet may be contained in a temporary enclosure for a period
not to exceed eight hours or the length of time that is humane for
that particular pet, whichever is less. However, the pet shall remain
outside the temporary enclosure for no less than 15 minutes for
each consecutive hour spent in the enclosure. For example, if a
pet spends four consecutive hours in a temporary enclosure, the
pet shall remain outside the temporary enclosure for no less than
60 consecutive minutes.

end insert begin insert

(3) A temporary enclosure shall allow the pet to turn about
freely, stand easily, and sit or lie in a comfortable position.

end insert

122381.  

Each pet boarding facility operator shall be responsible
for all of the following:

begin delete

(a) Maintaining the entire pet boarding facility in good repair.

end delete begin delete

(b) Restricting the entry of pests from outside.

end delete begin insert

(a) Ensuring that the entire pet boarding facility is structurally
sound and maintained in good repair, including, but not limited
to, heating and cooling systems, drying cages, flooring, and door
latches and locks.

end insert begin insert

(b) Ensuring that pests do not inhabit any part of the pet
boarding facility in a number large enough to be harmful,
threatening, or annoying to the pets.

end insert

(c) Ensuring the containment of pets within the pet boarding
facility, and, in the event that a pet escapes, being responsible for
reporting this begin delete fact, as necessary, to local authorities and making
reasonable efforts to capture the pet that has escaped. end delete begin insert fact
immediately to the local agency responsible for animal control
and to the owner and making reasonable efforts to immediately
capture the escaped pet. end insert

(d) Ensuring that the pet boarding facility’s interior building
surfaces, including walls and floors, are constructed in a manner
that permits them to be readily cleaned and begin delete maintained. end delete begin insert sanitized. end insert

(e)  begin delete Uniformly distributing end delete begin insert Ensuring that end insert light, by natural or
artificial means, begin insert is distributed end insert in a manner that permits routine
inspection and cleaning, and the proper care and maintenance of
the pets.

(f) When pet grooming services are offered by a pet boarding
facility, separating the grooming work area from the pet boarding
facility’s primary enclosures, pet food storage areas, and isolation
areas for housing sick pets. The grooming area shall be cleaned
and begin delete maintained end delete begin insert sanitized end insert at least once daily.

122382.  

(a)  begin delete Primary end delete begin insert Each primary end insert and temporary begin delete enclosures end delete
begin insert enclosure end insert shall comply with all of the following begin delete structural end delete
standards:

(1)  begin delete Primary and temporary enclosures shall be structurally end delete begin insert Be
structurally end insert sound and maintained in good repair to protect the
begin delete pets end delete begin insert enclosed pet end insert from injury, to contain the begin delete pets, end delete begin insert pet, end insert to keep other
animals out, and to promote the health and well-being of the
begin delete enclosed pets. Primary enclosures shall be constructed so they can
be routinely maintained to allow pets to stay clean. end delete begin insert pet. end insert

begin delete

(2) The floor of the primary enclosure shall be constructed to
prevent injury. A solid surface, platform, or shelf shall be provided
when a grid-flooring system is used.

end delete begin delete

(3) Primary enclosures shall be constructed of materials that are
impervious to moisture and can be sanitized.

end delete begin delete

(4) All primary enclosures shall provide adequate space for the
pet or pets housed in the enclosure.

end delete begin delete

(5) Each primary enclosure shall provide each pet with an
enrichment device or devices appropriate for the species, age, size,
and condition of the pet.

end delete begin insert

(2) Be maintained in a comfortable and sanitary manner. When
being cleaned in a manner or with a substance that is or may be
harmful to a pet within the enclosure, that pet shall be removed
from the enclosure.

end insert begin insert

(3) Be constructed of a nonporous material suitable for regular
cleaning and sanitizing.

end insert begin insert

(4) As needed to ensure the comfort and well-being of the pet,
provide heating, cooling, lighting, ventilation, shade, and
protection from the sun, wind, rain, and snow.

end insert begin insert

(b) Each enclosure is either a primary enclosure or a temporary
enclosure.

end insert begin delete

(b)

end delete

begin insert (c) end insert  In addition to the requirements set forth in subdivision (a),
begin insert a end insert primary begin delete enclosures for cats end delete begin insert enclosure for a cat end insert shall provide an
elevated platform begin delete as end delete appropriate for the size of the cat.

begin delete

(c) In addition to the requirements set forth in subdivision (a),
primary enclosures for birds shall be designed to ensure all of the
following:

(1) A bird can fully extend both of its wings at the same time
without contacting the sides of the enclosure.

(2) Perches are provided in a diameter that is appropriate for
the species, age, size, and condition of the bird, and for the size of
the enclosure.

(3) There is sufficient space to enable each bird to fully extend
its wings in every direction while all birds are simultaneously
perched.

(d) Primary enclosures for prey species shall be located where
they cannot be directly seen by predator animals for that species.

end delete begin insert

(d) In addition to the requirements set forth in subdivision (a),
a primary enclosure for a dog shall meet both of the following
requirements:

end insert begin insert

(1) Contain an indoor or outdoor area that is no less than three
feet wide for a dog weighing not more than 45 pounds and four
feet wide for a dog weighing more than 45 pounds and no less
than 10 feet long no matter the size of the dog.

end insert begin insert

(2) The area described in paragraph (1) shall also have an
adjacent indoor enclosure that has at least the following floor
area:

end insert begin insert

(A) For a dog weighing not more than 25 pounds, five square
feet.

end insert begin insert

(B) For a dog weighing more than 25 pounds but not more than
45 pounds, nine square feet.

end insert begin insert

(C) For a dog weighing over 45 pounds, 16 square feet.

end insert

begin delete

122383.  

(a) When a primary or temporary enclosure is being
cleaned in a manner, or with a substance, that is or may be harmful
to a pet within the enclosure, that pet shall be removed from the
enclosure.

(b) Primary enclosures shall be observed at least once every
eight hours, and pet and food wastes, used bedding, debris, and
any other organic wastes shall be removed as necessary to prevent
contamination of the pets and to reduce disease hazards and odors.

(c) Pest control measures shall be implemented to effectively
control infestation of vermin, insects, or other pests.

end delete

begin delete 122384. end delete
begin insert 122383. end insert   

A pet boarding facility operator shall comply with all
of the following animal care requirements:

(a) House only begin delete compatible pets in the same enclosure. end delete begin insert one pet
at a time in an enclosure unless otherwise consented to in writing
by the owner. end insert

(b) Observe each pet begin delete at regular intervals, end delete begin insert as necessary, end insert but no
less than once every eight hours, in order to recognize begin delete and evaluate
general symptoms of end delete begin insert the signs of end insert sickness, injury, or begin delete abnormal
behavior. end delete begin insert distress, and in order to ensure that the pet, food, and
waste or debris is removed as necessary to prevent contamination
or injury. end insert

(c) Remove each dog from its primary enclosure at least once
every begin delete eight end delete begin insert 24 end insert hours and enable the dog to remain outside the
primary enclosure for at least 15 minutes each begin delete time. end delete begin insert time unless
otherwise directed in writing by the owner. end insert

begin delete

(d) Separately house intact mammals that have reached sexual
maturity in a manner to prevent unplanned reproduction.

(e) Provide potable water at all times, unless otherwise directed
by a veterinarian.

(f) Provide each pet with nutritious food in quantities and at
intervals suitable for that pet.

(g) Provide each pet with heating and ventilation suitable for
that pet.

end delete begin insert

(d) Provide each pet with easy and convenient access to potable
water at all times, or if the behavior of the pet makes unrestricted
access to water impracticable, offer water as often as necessary
to ensure the pet’s health and well-being, but not less than every
eight hours for at least one hour each time. However, water may
be restricted as directed by the owner or a licensed veterinarian.

end insert begin insert

(e) Provide each pet with food of the type, in the quantities, and
at the intervals as directed in writing by the owner, or in the
absence of written directions by the owner, with nutritious food
in quantities and at intervals suitable for that pet.

end insert begin insert

(f) Provide each pet with at least one enrichment device that is
appropriate for the age, size, and condition of the pet unless
otherwise directed in writing by the owner.

end insert begin delete

(h)

end delete

begin insert (g) end insert  Maintain and abide by written begin delete animal husbandry end delete begin insert policies
and end insert procedures that address animal care, management and safe
handling, disease prevention and control, routine care, preventative
care, emergency care, veterinary begin delete treatment, euthanasia, end delete begin insert treatment, end insert
and disaster planning, evacuation, and recovery that are applicable
to the location of the pet boarding facility. These procedures shall
be reviewed with each employee who provides animal care and
shall be present, in writing, either electronically or physically, in
the facility and made available to all employees.

begin delete

(i)

end delete

begin insert (h) end insert  Isolate those pets that have or are suspected of having a
contagious condition.

begin delete

(j) Have a documented program of routine care, preventative
care, emergency care, disease control and prevention, and
veterinary treatment, as outlined in subdivision (h), that is
established and maintained by the pet boarding facility in
consultation with a licensed veterinarian employed by the pet
boarding facility or a California-licensed veterinarian, to ensure
adherence to the program with respect to each pet. The program
shall also include a documented onsite visit to the pet boarding
facility by a California-licensed veterinarian at least once a year.

(k) Ensure that each diseased, ill, or injured pet is provided
without delay with veterinary treatment and notify the owner of
the pet as soon as is practicable.

end delete begin insert

(i) Ensure that each sick or injured pet is immediately provided
with veterinary treatment and that the owner of the pet is notified
immediately of the pet’s condition.

end insert begin delete

(l)

end delete

begin insert (j) end insert  In the event of a natural disaster, an emergency evacuation,
or other similar occurrence, ensure that the humane care and
treatment of each animal is provided for, as required by this
chapter, to the extent access to the pet is reasonably available.

begin delete

122385.  

(a) Each pet boarding facility operator shall ensure
that records of all veterinary visits to the pet boarding facility are
documented writing. Veterinary treatment records shall be kept
for each animal or group of animals that receives medications or
immunizations while in the care of the pet boarding facility. These
records shall include summaries of directions received orally from
veterinarians, and shall include all of the following, to the extent
it is provided by the veterinarian:

(1) Identification of the pet receiving medical treatment.

(2) Name of the medication or immunization used.

(3) Amount of medication used.

(4) Time and date on which the medication or immunization
was administered.

(b) Records required by subdivision (a) shall be provided to the
owner of the pet upon request.

(c) All records required by this section shall be maintained by
the pet boarding facility for two years from the date of boarding
of the pet, and shall be made available upon request to an
appropriate enforcement officer exercising his or her authority.

end delete begin insert

begin insert 122384. end insert   

A pet boarding facility operator shall provide, in
writing, each owner with all of the following:

(a) Times, if any, when there will be no personnel on site.

(b) The square footage of any primary and temporary enclosures
in which the pet will be contained.

(c) The number of times and at which intervals during each
24-hour period the pet will be observed by personnel.

(d) The pet’s anticipated daily activity schedule, including the
length of time the pet will spend in and out of primary and
temporary enclosures, the time or times at which the pet will be
fed, and the opportunities the pet will have to exercise and
eliminate bodily waste.

end insert

begin delete 122386. end delete
begin insert 122385. end insert   

A pet boarding facility operator who violates any
provision of this chapter is guilty of an infraction punishable by a
fine not to exceed two hundred fifty dollars ($250) for the first
violation and by a fine not to exceed one thousand dollars ($1,000)
for each subsequent violation. The court shall weigh the gravity
of the offense in setting the penalty.

begin delete 122387. end delete
begin insert 122386. end insert   

(a) Nothing in this chapter shall be construed to in
any way limit or affect the application or enforcement of any other
law that protects animals or the rights of consumers, including,
but not limited to Section 597 of the Penal Code.

(b) Nothing in this chapter limits, or authorizes any act or
omission that violates, Section 597 of the Penal Code, or any other
local, state, or federal law that protects animals or the rights of
consumers.

SEC. 2.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.